Law and Justice concept. Mallet of the judge, books, scales of justice.
Law and Justice concept. Mallet of the judge, books, scales of justice.

NAMED: Case of man accused of child porn delayed

A Roma man charged with allegedly making and possessing child exploitation material and unlawful stalking, who is currently out on bail, has faced a delay in the court system for one and a half years.

Keith Kemp, 69, is charged with one count of allegedly making child exploitation material, three counts of possessing child exploitation material and one count of unlawful stalking.

Kemp appeared in the Roma Magistrates Court on Tuesday, March 2, as he was released on bail in May last year.

The defendant has been informed numerous times by Magistrate Peter Saggers for about a year that he get his case moving and indicate why way he intends to plead.

The Magistrate requested that the defendant inform the court who his legal representation is and in September last year, police prosecutor sergeant Heather Whiting, frustrated with how long the case had been in the Magistrates Court for, blamed Kemp for the delay.

"The brief of evidence was supplied in November or December last year and the man said he had difficultly finding a legal firm and the court did attempt to assist him in January and February to progress the case, but he chose not to do that," Sergeant Whiting said on September 29, 2020.

"Finally it was disclosed in May this year (2020) which again three-months have gone by and it's still in the Magistrates Court.

"I'm thankful that the delay is not a prosecution issue, but something the man unfortunately has created for himself over the last few months."

At the court sitting in September 2020, Kemp stated that his current lawyers can no longer act for him, so sought an adjournment to acquire further legal advice.

"I now have the QP9 (Queensland Police Form) and I'm aware of the contents, I've only had two weeks to do that so I'm in a much better position to instruct legal," Kemp said.

Magistrate Saggers told the defendant he must indicate his plea by the next court sitting.

"This matter has been around in excess of 12-months in the Magistrates Court," Magistrate Saggers said.

However, in the most recent court sitting on March 2, Kemp's latest legal representative M Capili from Sydney Criminal Lawyers said she obtained the brief of evidence a week ago and required a further adjournment to review the matter.

Magistrate Saggers noted there are a further two court sittings this month - March 16 or 31, with Ms Capili requesting for the latter.

"It must be decided that day … by that stage, this matter has been in the Magistrates Court for a year and a half," Magistrate Saggers said.

"The things I want to know are - will any cross examination be required and what elected is to the first count (unlawful stalking charge).

"I know Mr Kemp is familiar with the brief, he's told me he's read it."

The matter was adjourned until March 31 for a committal mention, the man's bail was enlarged.


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